Common use of Interest Rate Risk Management Instruments Clause in Contracts

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of Pinnacle or for the account of a customer of Pinnacle or one of its Subsidiaries, were entered into in the ordinary course of business and, to Pinnacle's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Pinnacle or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Pinnacle and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and, to Pinnacle's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of Pinnacle BANC ONE or for the account of a customer of Pinnacle BANC ONE or one of its Subsidiaries, were entered into in the ordinary course of business and, to PinnacleBANC ONE's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Pinnacle BANC ONE or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Pinnacle BANC ONE and each of its Subsidiaries have has duly performed in all material respects all of their its material obligations thereunder to the extent that such obligations to perform have accrued; and, and to PinnacleBANC ONE's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of Pinnacle Xxxxx Fargo or for the account of a customer of Pinnacle Xxxxx Fargo or one of its Subsidiaries, were entered into in the ordinary course of business and, to PinnacleXxxxx Fargo's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Pinnacle Xxxxx Fargo or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Pinnacle Xxxxx Fargo and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and, and to PinnacleXxxxx Fargo's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of Pinnacle IFC or for the account of a customer of Pinnacle IFC or one of its Subsidiaries, were entered into in the ordinary course of business and, to PinnacleIFC's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Pinnacle IFC or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Pinnacle IFC and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and, to PinnacleIFC's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangementsDerivative Instruments to which Mercantile or any of its Subsidiaries is a party, whether entered into for the account of Pinnacle Mercantile or for the account of a customer of Pinnacle Mercantile or one of its Subsidiaries, were entered into in the ordinary course of business and, to PinnacleMercantile's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Pinnacle Mercantile or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Pinnacle Mercantile and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and, and to PinnacleMercantile's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors floors, option agreements, futures and option agreements forward contracts and other interest rate similar derivative transactions and risk management arrangements, whether entered into for the account of Pinnacle BKYF, any of its Subsidiaries or for the account of a customer of Pinnacle BKYF or one of its Subsidiaries, were entered into in the ordinary course of business and, to Pinnacle's knowledge, and in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Pinnacle BKYF or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Pinnacle BKYF and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; , and, to Pinnacle's BKYF’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of Pinnacle BankBoston or for the account of a customer of Pinnacle BankBoston or one of its Subsidiaries, were entered into in the ordinary course of business and, to PinnacleBankBoston's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Pinnacle BankBoston or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Pinnacle BankBoston and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and, to PinnacleBankBoston's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of Pinnacle MidCity or for the account of a customer of Pinnacle MidCity or one of its Subsidiaries, were entered into in the ordinary course of business and, to PinnacleMidCity's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any applicable Regulatory Authority Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Pinnacle MidCity or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Pinnacle MidCity and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and, to PinnacleMidCity's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.